RULING OF THE COURT
This application by J.O, the applicant/appellant, is brought under rule 29 of the Court of Appeal Rules. The application seeks one order:
“That this Honourable Court be pleased to allow fresh evidence obtained by the applicant which originally did not form part of proceedings at the lower court.”
The application is premised on the grounds that the evidence sought to be adduced was not available when the matter that gave rise to this appeal was before the Children’s Court and the High Court, and that the evidence goes to the root of the Children’s welfare and would therefore assist the court in arriving at a just conclusion.
The genesis of the appeal and the application now before this Court is a dispute as to custody of two minor children, J.B.O. and A.T.O. that is pitting their mother, S.A.O, the respondent herein and the Children’s father the applicant/appellant.
By consent recorded in the Principal Magistrate’s Court at Rongo, Children’s Cause No. 2 of 2013, on 24th …